Instruction/ Cadastre registration will be refused for the sale of properties with custom contracts with floor plan changes

2024-07-23 07:52:53, Aktualitet CNA

Instruction/ Cadastre registration will be refused for the sale of properties

Illustrative photo

Change the rules for registration in the cadastre register of real estate sold through property contracts.

For properties sold with custom contracts, registration in the cadastre will be rejected if, after the verifications, there are changes in the layout of the individual units. There will be a refusal to register assets with a contract of order even if the applicant fails to correct the data that has deficiencies or inaccuracies within the 30-day period.

The new rules for the registration of notarial contracts for the sale of property through an enterprise contract or order entered into force after the publication of the instruction "On the approval of the model and the determination of the rules for keeping the building permit register, as well as the registration procedures of business contract/order and promise of sale" in the Official Gazette.

In the transitional provision of the instruction, it is determined that the verification of the data for the individual units sold with an order contract before its entry into force will be done by the State Cadastre Agency. In case of non-fulfilment, the registration in the cadastre will be rejected.

"When in the cadastral register, in the "land" property card, notarial deeds between the owner of the land and the property developer, in the capacity of an investor, are registered before the entry into force of this instruction, in which the property that will be benefit the owner of the land, the ASHK at the time of submission for registration in the register of business/order or promise of sale contracts between the investor and the owner of the land or with a third party, verifies whether the data on the units in these acts are individualized according to floor plans, which are attached to the construction permit. In case of non-fulfillment of this obligation, their registration is rejected", the instruction reads.

The instruction also determines that during the examination of the requests for the registration of notarial acts related to order contracts that have flaws in the data, the applicants will be given 30 days to complete them.

The notification for completing the defects is according to the form approved by decision no. 782, dated 7.10.2020, of the Council of Ministers, "On the approval of models of cadastral acts and data in the content of the cadastral map", as amended. But if after the deadline these defects are not fulfilled, the ASHK rejects the registration of the act, according to the provisions of law no. 111/2018, "On cadastre".

As in the previous instruction, when the notarial deed registered in the cadastral register, between the developer, in the capacity of investor, and the land owner, there is as a condition for the development the approval of the construction permit within a certain period and this condition does not has been implemented, the ASHK makes the changes in section D of the "land" real estate card related to the registered notarial deed.

These changes are made at the notarial request of one of the parties, after the latter files the documentation that proves the non-fulfillment of the condition, within the deadline defined in the notarial deed. The exception here is the case when the parties to the notarial deed have decided that, for disputes related to the condition, they will go to court.

"KSA, at the moment when the final registration of the new construction is carried out, according to article 51, of the law no. 111/2018, "On the cadastre", reflects: a) the business contract/order concluded between the developer, as an investor, and the owner of the land, in section D of the real estate card registered in the ownership of the investor. After the realization of the exchange contract between the parties, registration is made in the cadastral register, in accordance with the provisions of law no. 111/2018, "On cadastre"; b) the contract of enterprise/order and promise of sale concluded between the developer, as an investor, and the buyers/orderers of individual units, in section D, of the real estate card registered in the ownership of the investor. After the realization of the sales contract between the investor and the buyer/customer of the individual units, registration is made in the cadastral register, in accordance with the provisions of law no. 111/2018, "On cadastre", is defined, among other things, in the instruction.

In the country, a significant part of transactions in the real estate market are also carried out through order contracts. This happens in cases where the properties are bought before completion or before their registration in the Cadastre, while the sales contract is concluded at a second moment, after the registration of the property. Considering the considerable volume of new constructions according to real estate market agents in recent years, it can be concluded that sales with contract orders also occupy an important part./ Monitor.al